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(영문) 서울중앙지방법원 2016.11.23 2016가단5108420
부당이득금
Text

1. The plaintiff

A. Defendant A’s KRW 22,850,00 and interest rate of KRW 15% per annum from April 18, 2014 to the date of full payment.

Reasons

Attached Form

The facts alleged in the cause of claim are not asserted by the plaintiff, and thus they were led to confession, or can be acknowledged in full view of the whole purport of the pleadings in the entries in Gap 1 and 2.

Therefore, the defendants are obligated to pay the amount equivalent to the insurance money received by the defendants as unjust enrichment return to the plaintiff and to pay 15% interest per annum from the day following the last day of each insurance money of each defendant to the day of full payment.

As to this, Defendant C’s receipt of the remainder of the insurance money after deducting the insurance money that should not have been claimed due to going out of and going out of the hospital at the time of receiving hospital hospital hospital treatment as the branch disease of Defendant C is not subject to return of unjust enrichment or compensation for damages due to deception, and thus, Defendant C’s return of unjust enrichment or compensation for damages to be returned by Defendant C

In light of the fact that Defendant C received false or excessive hospitalization at a hospital for a long time, and received insurance money corresponding to the period of hospitalization, and received the insurance money due to an insured event, and that most of the medical treatment of hospitalization claims the insurance money due to an insured event, and acquired the insurance money by receiving the insurance money from the Plaintiff, who was unaware of the fact that the fact that most of the medical treatment of hospitalization is merely the medical treatment of the hospital, is merely the medical treatment of the hospital.

Since Defendant C appears to have concluded an insurance contract for the purpose of using a medical certificate of king or acquiring insurance money unlawfully by exaggerationing its degree, the insurance contract between the Plaintiff and the Defendant C is null and void as it is contrary to good morals and other social order, and Defendant C receives insurance money of 44,820,000 won from the Plaintiff based on the invalid insurance contract.

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